Practical help RE: council tax

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#1
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Caiman del Barrio
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Jan 20 2006 19:07
Practical help RE: council tax

OK so a good friend of mine just received a letter through claiming that he owes £400 in council tax, and that basically he should expect bailiffs to call round anytime. He's on the dole, so shouldn't he paying a reduced rate?? He's also applicable for housing benefit, but they closed his application cos he took too long to complete the forms.

What kinda practical advice can I offer him?? (Other than getting a job haha.) He knows absolutely bollock all about his rights and what he's applicable for and what he should be paying etc etc. He can probably get the money off his parents and is gonna call in at the Jobcentre on Monday like I advised. I also suggested a Citizens Advice Bureau if necessary.

Thanks.

#2
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jef costello's picture
jef costello
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Jan 20 2006 19:24

Call any numbers on the letter, you can delay almost anything if you call them up.

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Lazy Riser's picture
Lazy Riser
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Jan 20 2006 19:24

Hi

Quote:
also suggested a Citizens Advice Bureau if necessary.

If necessary? Why not for the fun of it? He should definitely go down the CAB and get someone to help him sort it, he can make an arrangement with the council to pay off his debt. Low incomes attract council tax benefit from local authorities. No time must be spared, act now and there is a good chance no bailiffs will need call. The slightest slackness will jeopardise him. He must be disabled if he can’t get a job. Laziness is a disability.

Am I right in saying that State debt (which includes your TV license) is the only debt you can get locked up for not paying?

Jef that advice is shit, it'll get him put away.

Love

LR

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jef costello's picture
jef costello
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Jan 20 2006 19:27

How so?

Generally you can at least delay stuff if you call them up and are polite.

It was proposed as a delaying tactic as he was already planing to go to CAB etc.

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Lazy Riser's picture
Lazy Riser
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Jan 20 2006 19:31

Hi

Jef. Firstly, it won’t delay anything, they already go as slow as humanly possible. Second, delaying wouldn't solve the problem, it’d just put it off and make it slightly bigger.

I'm sorry I said your advice was "shit". That was rude.

Love

LR

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jef costello's picture
jef costello
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Jan 20 2006 19:40
Lazy Riser wrote:
Firstly, it won’t delay anything, they already go as slow as humanly possible.

point taken

Quote:
Second, delaying wouldn't solve the problem, it’d just put it off and make it slightly bigger.

I meant in terms of breathing space but yes it wouldn't be a solution.

Quote:
I'm sorry I said your advice was "shit". That was rude.

thanks, it wasn't great advice, or particularly well phrased either.

#7
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Caiman del Barrio
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Jan 20 2006 20:29

Thanks for the advice. Are CABs open on Saturdays??

Most of the problem will be getting him up off his ass to sort it out, much like myself he's great at procrastinating and ignoring problems.

#8
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lucy82
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Joined: 31-05-04
Jan 20 2006 20:37

calling them up is good advice. worst shit is if he doesn't talk to them. anyway, hes on the dole so if its income based (not contribution based) jobseekers allowance he should have been getting get full ctax rebate. i'm not sure what the position is if he hasn't told them cause i don't do ctax. but for housing benefit, he might be able to get a reconsideration of his earlier claim if he has a reason (and evidence of some description) for why he didn't respond to the letters. if his claim was closed ages ago he might be able to get a new claim backdated. again he needs a reason for the delay and evidence. the point is then he would get ctax full rebate for that timeperiod.

sorry, i don't know the full info so can't be more specific. anyway, the most important thing is to talk to them quickly, ask for an appointment with a benefits advisor, if necessary make an offer of payment and submit an income/expenditure form. they are bastards but if theres a fight, as people have said, he needs CAB or Welfare Rights to put the pressure on.

and they don't go slow when its baliff time in my experience so tell him to get his arse down there in person preferably as soon as possible.

#9
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afraser
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Joined: 16-07-05
Jan 21 2006 11:49

Since your friend is on the dole, he should recieve full 100% council tax benefit and so not pay any council tax at all. When first signing on, this should all have happened automatically for him:

Department of Work and Pensions wrote:
If you claim Pension Credit, Income Support or Jobseeker's Allowance you will get a form to claim Council Tax Benefit with your claim pack. Complete and return this form to your local council.

(Actually benefits' offices return those forms to the council thmelselves at least in Glasgow).

If the benefits office failed to do that, that would be good grounds for backdating. The only circumstance where it might all fail to happen automatically within the system is maybe when moving house when already on jobseekers allowance. Even then, the benefits office should have had him sign a new council tax benefit form when he informed them of the house move. Ordinary claimants should not be expected to have to know the intricate details of when every form should be re-submitted.

Benefits office, local council, probably citizens advice bureau, will all have council tax benefits forms, but it is the local council that actually processes these, and they can have different rules, or different attitudes towards claimants. For my council:

Glasgow City Council wrote:
All claims for Council Tax Benefit must be made by completing an application form which may be obtained from us. You will need to contact us for a form.

What we need to process a claim

All applications for Council Tax Benefit must be supported with

* the claimant (and partner’s) National Insurance Number

* proof of identity and

* evidence of all income and savings.

Where the evidence required is not provided, then we will write to you to request further information. All information should be provided within 4 weeks of being asked to do so.

If supporting evidence is not provided you may lose Benefits.

A lot of people in Glasgow get huge problems with backdating old claims. Because that particular council has a draconian rule that:

Glasgow City Council wrote:
Backdating:

In certain circumstances, we may backdate your claim for Council Tax Benefit to a date before you made your claim. All requests for backdate must be made in writing and you must show good cause as to why you genuinely could not claim on time. A claim may only be backdated for a maximum of 52 weeks prior to the claim for backdating being made.

Other councils may be less sadistic with that. However, Glasgow always seems to crumple on their 52 week rule when challenged. I found writing to the Director of Finance was enough to get a claim backdated by three years.

The important point is that it was their fault (the fault of Bureaucrats in DWP or council or both) not your friends, because council tax benefit is meant to all be handled behind the scenes as part of his original dole claim. He was never meant to pay any council tax, all his arrears should be completely written off.

Supporting letters from a citizens advice bureau or welfare rights adviser aren't necessary, but can help make them think they will have a real fight on their hands.

Alan_is_Fucking_Dead wrote:
He's also applicable for housing benefit, but they closed his application cos he took too long to complete the forms.

Write to the council housing benefits office asking for that decision to be looked at again. If they refuse, write asking for your case to be formally appealed to the independent appeals service. Again time barring is a problem, you are meant to ask for the review and appeal within one month of rejection. But that deadline will be extended as long as you can argue some plausible reason for failing to meet their deadline.

At the very least they must open up a new claim for housing benefit to cover your friends rent payments from now onwards.